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The judgment below
Of them, the part against Defendant C shall be reversed.
Defendant
C Imprisonment with prison labor of 10 months and fines of 10 million won.
Reasons
1. In light of various circumstances against the Defendants in light of the summary of the grounds for appeal, the sentence of the lower court (a 1 year of imprisonment for the Defendants A, Defendant C: Defendant 1 year, Defendant 20 million won, additional collection KRW 20 million) is too unreasonable.
2. Determination
A. As the Defendant A, a representative means of mass transport in Korea, may bring about a re-profluence that cannot be observed due to a single accident, it is necessary to ensure the safe operation of trains by thoroughly checking and managing from the stage of the supply of parts with a high level of light view.
The crime of this case was committed by the Defendant, while operating the KTX parts delivery company, supplied parts by altering and altering the certificate of import declaration as if the inventory goods were a new product. As alleged by the Defendant, even if the parts themselves were fixed, there are differences in technical capabilities of the manufacturing company, the quality and names of parts, the possibility of transforming parts depending on the time of production and the location of parts, the period of repair of defects, and the period of repair of defects, etc. In the end, the risk of large-scale accidents is high due to such differences. The instant crime of this case is very heavy in view of the fact that the public confidence in the overall affairs of the Korea Railroad Corporation's delivery and inspection management of the KTX parts.
In addition, in order to increase the probability of successful bidding while participating in the electronic bid ordered by the Korea Railroad Corporation, the Defendant established so-called Pacom to set up a so-called Pacom to be a bid through free competition, thereby undermining the fairness of bidding, and provided C executives of the Korea Railroad Corporation with the intention of referring to the convenience in the process of the delivery of parts.
Therefore, it is inevitable to punish the defendant accordingly.
In this situation, the defendant recognized the crime of this case and reflects it, and the defendant.